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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1990 

                        CHAPTER 502-S.F.No. 1704 
           An act relating to natural resources; regulating 
          aquaculture activities and programs; providing for the 
          transportation of minnows by common carrier; 
          regulating the commercial fishing of rough fish on the 
          Lake of the Woods; authorizing conservation officers 
          to seek issuance of and to serve search warrants; 
          amending Minnesota Statutes 1988, sections 97A.155, by 
          adding a subdivision; 97C.501, subdivision 1; and 
          97C.525, by adding a subdivision; Minnesota Statutes 
          1989 Supplement, sections 17.49, subdivision 2, and by 
          adding a subdivision; 626.05, subdivision 2; and 
          626.13; proposing coding for new law in Minnesota 
          Statutes, chapter 97C. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:  
    Section 1.  Minnesota Statutes 1989 Supplement, section 
17.49, subdivision 2, is amended to read: 
    Subd. 2.  [COORDINATION.] Aquiculture Aquaculture programs 
in the state must be coordinated through the commissioner of 
agriculture.  The commissioner of agriculture shall direct the 
development of aquiculture aquaculture in the state.  
Aquiculture Aquaculture research, projects, and demonstrations 
must be reported to the commissioner before state appropriations 
for the research, projects, and demonstrations are encumbered.  
The commissioner shall maintain a data base of 
aquiculture aquaculture research, demonstrations, and other 
related information pertaining to agriculture aquaculture in the 
state.  
    Sec. 2.  Minnesota Statutes 1989 Supplement, section 17.49, 
is amended by adding a subdivision to read:  
    Subd. 3.  [REPORT.] The commissioner shall prepare an 
annual report on the amount of fish and aquaculture products 
consumed in the state, where the products were produced, the 
opportunities in the state for aquaculture development, and 
impediments to Minnesota development of aquaculture.  
    Sec. 3.  Minnesota Statutes 1988, section 97A.155, is 
amended by adding a subdivision to read: 
    Subd. 3.  [AQUACULTURE ALLOWED.] The commissioner shall not 
interpret commercial fishing in the settlement agreement in a 
manner that restricts aquaculture by the Leech Lake Band, or 
Leech Lake Band members, that is conducted consistent with state 
policies, laws, and regulations relating to aquaculture. 
    Sec. 4.  Minnesota Statutes 1988, section 97C.501, 
subdivision 1, is amended to read: 
    Subdivision 1.  [MINNOW RETAILERS.] (a) A person may not be 
a minnow retailer without a minnow retailer license except as 
provided in subdivision 3.  
    (b) A minnow retailer must obtain a minnow retailer's 
vehicle license for each motor vehicle used by the minnow 
retailer to transport more than 12 dozen minnows to the minnow 
retailer's place of business, except as provided in subdivision 
3.  A minnow retailer is not required to obtain a minnow 
retailer's vehicle license if minnows are being transported by 
common carrier and information is provided that allows the 
commissioner to find out the location of the shipment in the 
state. 
    Sec. 5.  Minnesota Statutes 1988, section 97C.525, is 
amended by adding a subdivision to read: 
    Subd. 6.  [COMMON CARRIER.] An exporting minnow dealer may 
transport minnows by common carrier and must provide on request 
by the commissioner information pertaining to product, quantity, 
and destination. 
    Sec. 6.  [97C.827] [LAKE OF THE WOODS; COMMERCIAL FISHING 
OF ROUGH FISH.] 
    Subdivision 1.  [PROMOTION.] The commissioner shall promote 
and encourage taking rough fish from Lake of the Woods. 
    Subd. 2.  [ISSUANCE OF LICENSES.] The commissioner shall 
issue commercial fishing licenses to take rough fish on Lake of 
the Woods.  The issuance of the commercial fishing licenses may 
not be restricted because a person holds other licenses under 
the game and fish laws or operates particular kinds of 
businesses. 
    Sec. 7.  Minnesota Statutes 1989 Supplement, section 
626.05, subdivision 2, is amended to read:  
    Subd. 2.  The term "peace officer" as used in sections 
626.04 to 626.17 means a sheriff, deputy sheriff, police 
officer, constable, conservation officer, agent of the bureau of 
criminal apprehension, agent of the division of gambling 
enforcement, or University of Minnesota peace officer.  
    Sec. 8.  Minnesota Statutes 1989 Supplement, section 
626.13, is amended to read:  
    626.13 [SERVICE, PERSONS MAKING.] 
    A search warrant may in all cases be served by any of the 
officers mentioned in its directions, but by no other person, 
except in aid of the officer on the officer's requiring it, the 
officer being present and acting in its execution.  If the 
warrant is to be served by an agent of the bureau of criminal 
apprehension or, an agent of the division of gambling 
enforcement, or a conservation officer, the agent or 
conservation officer shall notify the chief of police of an 
organized full-time police department of the municipality or, if 
there is no such local chief of police, the sheriff or a deputy 
sheriff of the county in which service is to be made prior to 
execution.  
    Sec. 9.  [EFFECTIVE DATE.] 
    This act is effective the day following final enactment. 
    Presented to the governor April 24, 1990 
    Signed by the governor April 24, 1990, 9:04 p.m.